In the Animal Kingdom, there are artificial classifications superimposed by a class of individuals commonly and generically referred to as “scientists”, in which more generalized identifiers are further categorized, until you reach the “genus” classification, and within that genus, the “species” classification. In the objective world of animals, such classifications are irrelevant and taken no notice of. Instead, the necessity to be able to identify various species is essentially based upon the ability to recognize one’s natural predators, as well as one’s food source.
Such anthropomorphic imposition on ordering the world for purposes of our understanding of the world was recognized by Kant in his Critique of Pure Reason, and the ability of Man to impose his a priori categories upon the objective noumenal world. But in the world of Man, especially for the Federal or Postal employee who has prepared, formulated and filed a Federal Disability Retirement application under FERS or CSRS, it is important to understand the categorized arena within which he or she finds one’s self in.
Thus, when an initial denial is received by the Federal or Postal worker, it is important to understand that filing a “Request for Reconsideration” does not take the Federal Disability Retirement case out of the hands of the agency which made the initial denial — instead, it is within the same agency (the Office of Personnel Management), but assigned to a next “level” in order for both the Federal or Postal employee to get a “second bite at the apple“, as well as for the deciding body (OPM) to review the case afresh, along with any new or additional evidence which the Federal or Postal employee can supply to OPM.
This methodology of a second “review” makes sense, in that it allows for the deciding Federal Agency (OPM) to have a chance at correcting itself in the event that its initial decision was made in error, before it is allowed to be appealed to an independent, separate entity, called the Merit Systems Protection Board. Thus, that same categorization and ordering of the world, superimposed upon the Animal Kingdom, is also utilized in the world of Man. The same agency, but different sections; if the second review fails, then it is kicked up to a different genus — before an Administrative Judge at the Merit Systems Protection Board.
Sincerely,
Robert R. McGill, Esquire
Filed under: When the OPM Application Is Denied | Tagged: another chance for the opm to correct their mistakes concerning your disability, another chance to fight for your rights: opm request for disability reconsideration, attorney representing federal workers for disability throughout the united states, blogs for disabled postal or federal employees, categorization and ordering of the opm disability processing world, civil service disability, civil service disability retirement, different stages of a single opm disability process, evaluating your federal disability case for a potential request for consideration, Federal Disability, federal disability retirement, federal employee request for immediate disability retirement, FERS disability lawyer, FERS disability retirement, filing a request for disability reconsideration with the opm, if your initial disability application was denied by the opm, looking forward to the opm reconsideration stage, mspb reconsiderations of an opm disability claim, nationwide representation of federal employees, OPM disability retirement, opm federal disability specialist and the evaluation of your disability claim, owcp disability retirement, Postal disability, postal service disability retirement, the 2nd fers disability stage is still an administrative process with the opm, the best way to approach an initial denial of opm disability benefits, the opm disability specialist's examination, USPS disability retirement, what is the opm process for reconsideration? | Leave a comment »
Federal and Postal Disability Retirement: Responding to Stupidity
Sometimes, one’s initial reaction in a situation — professional setting, social discourse, event gathering, etc. — requires a momentary pause; and it is precisely that couple of seconds of gathering one’s thoughts which saves one from further putting fuel upon a potential fire.
Perhaps you have every right to have responded with a drip of sarcasm; or others would have approved of the lashing back; and still others would say that the response was appropriate and deservedly given. But the greater question should always be: how effective was the response; did it evoke the necessary end; and for whose benefit was the aggressive retort given — for the benefit of truth, or for one’s own satisfaction?
In a professional context, of course, it is probably never appropriate to respond in an unprofessional way, if merely by definition alone. Similarly, in a FERS or CSRS Federal Disability Retirement context, when one receives a denial from the U.S. Office of Personnel Management, there are statements made — whether one pertaining to mis-application or mis-statement of the law; or perhaps a wrong reference to a medical report; or even more egregious, a selective use of a statement from a medical report or record taken out of context — which can deservedly provoke a response involving sarcasm, a deluge of epithets, or worse, a barrage of ad hominem attacks — and in each case, it would be neither appropriately given, nor proper in a professional sense.
Fortunately, paper presentations and paper responses have the advantage of time over social discourse and person-to-person contact.
Holding one’s breath and counting 3 seconds, or 10, or perhaps an eternity, is an effective way of avoiding catastrophe. Writing a diatribe of what one wants to say, then trashing it, is also acceptable. On the other hand, beware of that “send” button; and, moreover, never push that “send to all” button.
That would indeed be unprofessional.
Sincerely,
Robert R. McGill, Esquire
Filed under: OPM Disability Process - 2nd Stage: OPM Reconsideration Stage, When the OPM Application Is Denied | Tagged: a rational response to an unreasonable letter of denial opm benefits, an effective federal disability retirement application, an effective written communication to the opm, an individualized response to your fers disability denial, an understandable emotional response to an irrational fers disability decision, applying old-fashioned ethical principles in the second stage of the federal disability retirement process, attorney representing federal workers for disability throughout the united states, CSRS disability retirement federal attorney, denial of fers disability benefits and the proper response, effective personal skills when dealing with supervisors, emotional comments won't always help to get opm application approved, federal disability attorney, fers disability retirement and effective communication, how to respond to a federal disability retirement denial, law firm representing clients in opm disability law all across america, legal effectiveness in government disability claims, legal help after first application denial, legal services for federal and postal workers all across america, nationwide representation of federal employees, one key ingredient for a successful fers disability claim: effective communication, reflecting on emotional tone from the legal angle, refrain from fast and emotional responses when opm denies your disability claim, representing federal employees from any us government agency, resources for injured federal workers, Responding to an Initial Federal Disability Retirement Denial of Benefits, response to denial of opm disability retirement benefits, Second Step OPM Appeal, the 2nd fers disability stage is still an administrative process with the opm, the date of the denial letter and responding to a denial of opm disability benefits, the dreaded denial letter, the effective way of presenting one's opm disability case, the federal disability retirement application with an emotional tone deep inside in the objective medical language used, the opm case worker at the second stage of the federal disability retirement process, the role of the applicant during the second stage, the second stage opm representative, using some emotional content in your fers disability application, USPS disability retirement, we may be talking about emotional issues or medical documentation -- but never forget the nexus | Leave a comment »